Fw: Fwd: Message from Marsha Wineburgh, DSW - President & Legislative Chair, NYSSCSW

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Michele Amendolari

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Apr 1, 2013, 7:27:15 PM4/1/13
to NYS Gov Aff CATs, POLEN W.
Also - just an fyi......
 
Michele Amendolari MA, ATR-BC, LCAT 
Governmental Affairs Chair, New York Art Therapy Association

 

----- Forwarded Message -----
From: Drena Fagen <dr...@artspanyc.com>
To: Michele Amendolari <michelea...@yahoo.com>
Sent: Monday, April 1, 2013 3:17 PM
Subject: Fwd: Message from Marsha Wineburgh, DSW - President & Legislative Chair, NYSSCSW

Here is the statement from the NYSSCSW in it's entirety.

Drena

Drena Fagen, LCSW, LCAT
Art Therapist / Clinical Social Worker
NY Creative Arts Therapists | Art Spa
190 North 10th Street, Suite 301
Brooklyn, NY 11211

Begin forwarded message:

From: NYSSCSW <info.n...@gmail.com>
Subject: Message from Marsha Wineburgh, DSW - President & Legislative Chair, NYSSCSW
Date: April 1, 2013 2:46:33 PM EDT

State Agency Permanent Exemption from Compliance with Licensing Laws Defeated…….
Marsha Wineburgh, DSW
President and Legislative Chair, NYSSCSW
3/14/2013
With the passage of the 2013 budget, we have secured an additional three year exemption from compliance with psychotherapy licensing laws for state agencies and the entities that contract with them (not-for-profits) as opposed to permanent exemption from the 2002 social work licensing statute. Permanent exemption had appeared suddenly in Governor Cuomo’s 2013 budget. A considerable battle ensued in Albany over this issue in which our legislators and stakeholder lobbyists took an active part in defeating permanent exemption. Compliance has been delayed until 2016.
A huge thank you to all Society members who called their representatives on the Mental Health and Higher Education Committees to protest permanent exemption. Constituents’ voices are essential to creating social policy that makes sense!
Brief Background: After fifteen years of collaboration, the profession of social work passed legislation in 2002 creating two scopes of practice: one for the Licensed Master Social Worker (LMSW) and, the second, for Licensed Clinical Social Worker ( LCSW). In the Statute, as enacted by Chapter 420 of the Laws of 2002, and in the subsequent amendments, an exemption was allowed for individuals to practice in programs regulated, operated or funded by the Office of Mental Health, the Office for People with Developmental Disabilities, Office of Alcoholism and Substance Abuse Services, Office of Ch8ildren and Family Services and local mental hygiene or social service districts until January 1, 2010. As the date for compliance grew closer, exempt agencies reported they were not ready and requested an extension. Two more extensions were granted by the Legislature along with requirements for comprehensive workforce analyses due in June of 2012. Each of the agencies subsequently completed and submitted this data which many of you reviewed over the summer of 2012. At that time, an overwhelming majority of respondents strongly disagreed with the exempt agencies’ recommendation that they should be permanently excused from complying with the mental health licensing laws.
An alliance of social work organizations began working to counter permanent exemption supporting a single standard of mental health care across all socio-economic groups in the state. The Clinical Society, both chapters of NASW and the Association of Deans of Schools of Social Work vigorously opposed the permanent exemption and offered a compromise position intended to alleviate the claimed workforce disruptions and fiscal impact. Credit for our success to date certainly goes to our Albany lobbyist, Mary Ann McLean and Karin Moran, NASW ‘s Director of Policy who worked tirelessly and resolutely to oppose this permanent exemption.
Among the initiatives suggested by the Alliance which may be adopted is a new grandfathering provision for MSWs who have two years of supervised post-MSW experience. No written examination will be required. A second possibility is mandatory continuing education requirements – possibly 30 hours tri-annually. The effective date may be 2017. The final budget legislation will clarify these possible provisions. Check out website and e-news for updates.
 
SAFE Act - Psychotherapists will be required to report imminent danger situations as of March 16, 2013. To date there are no specific regulations to guide LCSWs in private practice on reporting procedures. Many agencies are in turmoil, including state and local police, over reporting guidelines, collecting gun information from patients, etc. Stay tuned for developments. See www.nysscsw.org website – home page- for SAFE ACT legislation pertaining to psychotherapy.
A.5299 (Pretlow)/S.2360 (Klein) Legislation to include LCSWs as providers of mental health services for Workers’ Compensation patients has been introduced. We are working closely with the State Chapter of NASW on this bill.
A. 3910 Legislation to amend the corporate practice laws to allow LMSWs, LCSWs and the other Mental Health Practitioners to form a single corporate structure. Currently one can only form a corporation with one’s own professional group. This amendment would promote better interprofessional health care and transprofessional collaborative practice. Psychology and other disciplines are also considering similar positions on this issue.

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